New York City Civil Court

Bill of Particulars

A Demand for a Bill of Particulars is a list of written questions
from one party to another asking for details (particulars) about
a claim or defense. Although a Bill of Particulars technically is
not discovery, it can be used to get information about a claim or
defense.

What can be demanded in the Bill of Particulars is dependent on
the facts of each case. However, in personal injury cases, there
is a statutory list of items which may be demanded. To see the list
of items, click on CPLR 3043(a).

Continue reading below to learn more about Bills of Particulars.
You may also click on CPLR 3042 to
review the law yourself.

Procedure for
Making a Demand

To make a Demand for a Bill of Particulars write the name of your
case and its index number on the top of a page and make a list of
questions as to the items about which you want more details. Each
question should be separately numbered. Have someone who is over
18 and is not a party to the lawsuit either personally deliver a
copy of the Demand to the other side’s attorney, or mail the
Demand, preferably by regular first class mail with a certificate
of mailing. The certificate of mailing can be used to prove the
date you mailed the Demand. You should have the person who did the
mailing fill out an Affidavit of Service before a notary public.
You may download a free civil court form by clicking on Affidavit
of Service. You should file the original of the Demand for a
Bill of Particulars with the Court, along with the Affidavit of
Service. Keep a copy of the Demand for a Bill of Particulars and
Affidavit of service for your records.

Responding
to a Demand

Generally, you have 30 days from the day you receive a Demand for
a Bill of Particulars to respond to it. You must either answer the
questions in the Demand or object to them (see below for information
on how to object). Your answers to
the questions is called a Bill of Particulars. To do a Bill of Particulars
put the name and index number of the case on the top of the page.
Answer each question, making sure the number of your answer matches
the number of the question. Sign your name at the bottom of the
Bill of Particulars in front of the notary. Then make a copy for
yourself. Have someone who is over 18 and is not a party to the
lawsuit deliver the notarized Bill of Particulars to the other side’s
attorney, or mail the Bill of Particulars, preferably by regular
first class mail with a certificate of mailing. The certificate
of mailing can be used to prove the date you mailed your answers.
You should have the person who did the mailing fill out an Affidavit
of Service before a notary public. You may download a free civil
court form by clicking on Affidavit of Service.
You should file the original Bill of Particulars with the Court,
along with the Affidavit of Service. Keep a copy of the Bill of
Particulars and Affidavit of service for your records.

Objecting to
a Demand

You have a right to object to a Demand for a Bill of Particulars
if you feel the questions ask for more information than is necessary,
or the questions are not specific enough, or on any other appropriate
ground. Your objection must be in writing. You must make your objection
within the same time frame as you have to respond to the request.

Failure
to Respond to a Demand

If you failed to respond to a demand or fail to comply fully with
a demand, the party seeking the Bill of Particulars may ask the
court to order you to comply, or, if your failure to respond is
willful, to impose penalties.